Section 44: Search and seizure of property

44. Search and seizure of property (1) Notwithstanding any other enactment, the Court may issue a search warrant to the Official Receiver where there is reason to believe that any relevant property is concealed in any premises or place. (2) The warrant may authorise the Official Receiver, as well as any person required to assist him, to— (a) enter and search any premises or place; (b) seize and take possession of any relevant property; and I14 – 33 [Issue 3] Insolvency Act (c) where necessary, use force to enter the locality, premises or place. (3) Where he is authorised by a warrant issued by a competent Court, the Official Receiver, as well as any other person required to assist him, may— (a) seize any of the bankrupt’s property in the custody or possession of the bankrupt or of any other person; (b) with a view to seizing the bankrupt’s property— (i) break open any building or room of the bankrupt where the bankrupt is believed to be; (ii) break open any building or receptacle of the bankrupt where the bankrupt’s property is believed to be; and (iii) seize and take possession of the bankrupt’s property found in the building, room or receptacle. (4) Where the Official Receiver is satisfied that another person is entitled to any relevant property, he may retain possession of the property for a period of 28 days from the date on which he first receives notice that another person claims to be entitled to the property, or such further period as the Court may allow. (5) The Official Receiver may copy or extract from any relevant property any information relating to the property, conduct or dealings of the bankrupt. (6) In this section— “relevant property” includes any document, computer, facsimile machine or other electronic equipment containing information relating to the bankrupt’s property, conduct or dealings.